Chedington Events Ltd v Brake & Anor [2024] EWHC 384 (Ch) (22 February 2024)

Chedington Events Ltd v Brake & Anor [2024] EWHC 384 (Ch) (22 February 2024)

The court ordered costs above the fixed recoverable costs regime due to the contested, complex, and hard-fought nature of the TPDO application, with joint and several liability for costs against the third party, assessed on the standard basis, and payment on account of £20,000. Interest under section 35A was refused as TPDO is enforcement, not a cause of action. Stay pending appeal was granted on standard terms.

Citation
[2024] EWHC 384 (Ch)
Parties
Claimant: Chedington Events Ltd; First Defendant: Nihal Mohamed Brake; Second Defendant: Andrew Young Brake; Third Party: Diana Rebecca Cawley
Jurisdiction
England and Wales
Judgment Date
22 February 2024
Procedural Posture
TPDO Enforcement (third Party Debt Order) / Post Final Order, Consequential Matters
Outcome
Costs order in favour of claimant; joint and several liability of defendants and third party; payment on account ordered; interest claim refused; stay pending appeal granted.
Legal Topics
Third Party Debt Orders, Costs Assessment, Fixed Recoverable Costs, Non Party Costs Orders, Interest on Judgment Debts, Stay Pending Appeal
Civil Procedure Enforcement Costs Third Party Debt Orders Costs Assessment Fixed Recoverable Costs Non Party Costs Orders Interest on Judgment Debts +1 more

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Parties

Chedington Events Ltd

Claimant

Nihal Mohamed Brake

First Defendant

Andrew Young Brake

Second Defendant

Diana Rebecca Cawley

Third Party

Procedural Posture

TPDO Enforcement (third Party Debt Order) / Post Final Order, Consequential Matters

Legal Issues

  1. 1 Whether costs should be awarded above fixed recoverable costs for a contested TPDO application
  2. 2 Whether costs should be assessed on the indemnity or standard basis
  3. 3 Whether a third party should be jointly and severally liable for costs

Ratio Decidendi

The court ordered costs above the fixed recoverable costs regime due to the contested, complex, and hard-fought nature of the TPDO application, with joint and several liability for costs against the third party, assessed on the standard basis, and payment on account of £20,000. Interest under section 35A was refused as TPDO is enforcement, not a cause of action. Stay pending appeal was granted on standard terms.

Court Disposition

Costs order in favour of claimant; joint and several liability of defendants and third party; payment on account ordered; interest claim refused; stay pending appeal granted.

Orders

  • Defendants and third party to pay 90% of claimant's costs of TPDO application, assessed on standard basis.
  • Defendants and third party jointly and severally liable for costs and payment on account.